Shoul Vicarious Liability Case Study

A nurse attending stated “during the morning’s second surgery, he actually dozed off. The nurse took him aside and recommended that he take a break, but he refused and returned to the operation.” The nurse here was in fault in more ways than one. This nurse should never allowed the doctor return back to operate on the patient, he should have been removed from the operating room immediately. The nurse should have

This paper will attempt to prove Mr. Ard did NOT have the chance to survive due to the lack of supervision from his nursing staff. As well as attempt to prove that the employer is in fact responsible for the actions or non-actions of its medical staff. The medical staff during that time did not make the necessary and they did not provide the proper care that one is required in a medical setting. There was a lack of communication between the staff and patient till it was too late. For two hours the bell was being rung and no one of assistance came by. Where were the nurses? Were they off the clock, on lunch, asleep, or were they just simply not doing their duty?

The employer must conduct an internal investigation by interviewing the parties involved and witnesses. The article also mentions the 1964 Civil Rights Act and the Age Discrimination Act of 1967 to explain the root of the guidelines, and gives further analysis using different clarification approaches to clarify the legal concerns involved. In order to describe prevention methods, the article straightforwardly states what a manager prerequisites. Training and informing the employees is the law. The article’s approach and statements mentioned how to deal with legal matters and to make sure that they are valid. Managing harassment and discrimination problems is not only a responsibility, but also makes good business sense. Maintaining a workplace free of discrimination and harassment by doing whatever is necessary to prevent complaints from occurring in the first place, and stopping them before they reach the level of lawsuits are acceptable methods of dealing with legal issues.

Prevent discrimination: support equality – This sector of the act explains where discrimination is most likely to occur in the workplace and how to stop it happening

employer might be liable for the discriminatory activities of an employee and employers may also be liable if

People must not be unfairly discriminated against because of any of these factors and we must all contribute to creating a positive workplace and service delivery environment where discriminatory practices and

Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or the responsibility of any third party that had the ability or duty to control the activities of a violator. Employers are vicariously liable for the torts of their employees that are committed during the course of employment. Employers will only be liable for the torts of their employees. They will not usually be liable for the torts of their independent contractors. It is therefore necessary to establish the status of the tortfeasor (Law Teacher 2012).

The first issue involves the violation of sterile procedurel by a nurse in the operating room. This violation of protocol may have placed the patient at risk for an operative infection. A claim of negligence requires four elements to be satisfied (Pozgar, 2016, p. 66). The fist is duty to care. The surgical procedure having been performed at this institution fulfills this requirement. The second is a breach of duty (Pozgar, 2016, p. 71). The operative nurse violated the hospital and operating room protocol for the use of operative instruments and violated the polices for sterile technique. This serves as the breach. The third component is injury (Pozgar, 2016, p. 72). The presence of infection, the need for prolonged antibiotic treatment and the possible need for a reoperation would meet the injury requirement. At last evaluation by Dr. Smith, the patient had signs and symptoms consistent with infection at the surgical site. The final criteria is causation (Pozgar, 2016, p. 73). Unless another cause of

The nurse and ER doctor failed to recognize how the medications react by relaxing the skeletal muscles, compromising Mr. B's lung expansion. Since Mr. B could not walk around to expand his lungs, he could have benefited from bronchodilator treatments or supplemental oxygen. When the LPN addressed the low oxygen alarm by resetting the alarm and leaving the room, she neglected to assess Mr. B and failed to perform her duties as a nurse.

“Train your managers in the implementation of the anti-discrimination policy with the expectation that prevention is their responsibility” (Heathfield, 2012).

When I arrived into the operating room the nurse and surgical technician were prepping and getting the sterile table ready. They were also performing counts on the gauze and other tools. When the patient arrived in the room he was transferred on to the operating table and was asked his name and date of birth. Which demonstrates National Patient Safety Goal (NPSG), “use at least two ways to identify patients” (The Joint Commission, 2014.) The nurse and CST then calmed him down, he was very anxious. Finally, at about nine thirty he was put under anesthesia and the nurse anesthetist intubated him. He already had a catheter

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable

Employment-at-will is a law that stipulate that as long as a employee is not been discriminated he or she can loose their job and any given time. This paper aims to analyze 8 different scenarios and determine whatever or not an employ can lose his or her job based in some behaviors, actions, or inactions that had lead to a somewhat hostile, aggressive, and even disrespectful work environment. At the same time the paper will address the importance of whistleblower police for any organization. While the employment-at-will allows employers to terminate their staff at any moment, at the same time it protect the staff from any type of discrimination.

The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known as ‘vicarious liability’[1]. Essentially, vicarious liability is where the employer is generally substituted in terms of liability for the employee, the employee also has liability but the resources of the employer such as insurance makes them more financially attractive to the claimant. The mechanism of vicarious liability is arguably the best compromise between the needs of tort victims and the freedom of businesses as the employer usually has insurance to cover the tort of the employee, making it more financially viable to the

There are many different variations of healthcare professionals that assist people in regaining and maintaining a healthy lifestyle. The career field of licensed nursing is often considered to be one of the most vital professions within the medical community. Registered nurses work to prevent and heal various different types of injuries, diseases, and illnesses. They are also responsible for administering a variety of patient services, consisting of individual patient care, analyzing and monitoring patient medical reports, and also possessing the ability to operate technical medical equipment. As well as, be able provide comfort and emotional support for both physically, and mentally ill patients. All Registered Nurses are responsible for providing patients with quality health care, in compliance with professional standards set forth by the American Nurses Association. As the field continues to rapidly evolve, an increase in responsibility is placed upon registered nurses to maintain a professional standard of care. With the increase in responsibility, the role of registered nurses consistently changes to accommodate individual patient needs. As a result, the rise in responsibility placed on registered nurses correlates to a higher probability of malpractice and negligence occurring within the community. The consequences of malpractice and negligence can